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U.S. v. MARTINEZ

Crim. No. 88-0328CC.

710 F.Supp. 415 (1989)

UNITED STATES of America, Plaintiff, v. William MARTINEZ, Lolo Perez, Dimas Hernandez, Yadeah Ardilla, Jose Castro, and Roberto Piedrahita, Defendants.

United States District Court, D. Puerto Rico.

April 20, 1989.

Attorney(s) appearing for the Case

Warren Vázquez, Guaynabo, P.R., and Carlos Pérez, Asst. U.S. Attys., for plaintiff.

Luis Medina, Lydia Lizarríbar, Old San Juan, P.R., Frank Pola, Hato Rey, P.R., Luz M. Ríos, Robert J. Sicilia, Santurce, P.R., José C. Romo-Matienzo, Hato Rey, P.R., for defendants.

ORDER

CEREZO, District Judge.

All of the defendants have presented a verbal motion to dismiss the indictment based on prosecutorial misconduct which was argued in open court, outside the presence of the jury, by attorneys Lydia Lizarríbar and Frank Pola.

The essence of their motion lies in the contention that the transcript of the testimony of the only witness presented before the grand jury reveals that statements made by him, material to the...

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